Canada’s Legal System

In this section, you will learn the role courts and tribunals play in applying Canada's laws.

Two kinds of law: Criminal law and civil law

Broadly speaking, laws in Canada fall into two categories: criminal law or civil law.

Criminal law deals with crimes, like assault or theft. The Criminal Code is the main law setting out what amounts to a crime and how it should be dealt with. This law is the same all across Canada. The purpose of criminal law is to make sure people stay safe and secure. If someone is charged and found guilty of a crime, they face legal consequences ranging from a discharge, to a fine, to time in jail.

Civil law deals with all other legal issues, like having a contract with someone or buying property. Family law is another kind of civil law. The purpose of civil law is to make sure that we are fair in our dealings with each other.

Courts apply the laws

Image via Provincial Court of British Columbia

Courts exist to provide a way to apply the laws in a fair and rational manner. Courts have a variety of functions. For example, they enforce criminal law and they resolve civil law disagreements among people.

Two very important principles are fundamental to the Canadian court system:

• the courts are separate from government
• judges are independent

The courts are separate from government

In Canada, the courts are separate from the government. This arrangement is often called "a separation of powers."

The courts decide how the laws that are made by the government apply to individuals in everyday situations. A key purpose of the courts is to protect the rights and freedoms of everyone in Canada.

When judges make a decision in court, they apply the law made by our elected representatives. They are also guided by what other judges have decided in previous similar cases.

Judges are independent

In Canada, judges are free to make decisions without interference or influence from any source, including government.

It is our constitutional right to have our legal issues decided by a fair, independent decision-maker. Judges have a responsibility to listen to both sides of a case and then to make fair decisions based on the law, the facts, and the evidence before them.

If a judge felt pressure from the government — or anyone else — to decide a case in a particular way, the result would be unfair. The rights of individual citizens would not be protected.

Courts in British Columbia

In BC there are three levels of court:

• Provincial Court
• Supreme Court
• Court of Appeal

Provincial Court of British Columbia

Image via www.istockphoto.com

The Provincial Court is the first level of court. It deals with:

• most cases about criminal law matters
• most types of family cases, including those involving child protection
• civil cases dealing with between $5,000 and $35,000 (smaller claims of up to $5,000 are brought to an online tribunal, which is like a court but less formal)
• cases that involve traffic offences

BC Supreme Court

The BC Supreme Court has jurisdiction over most legal cases. It hears:

• serious criminal cases (like murder)
• civil cases involving amounts over $35,000
• family cases of all types, including those dealing with divorce or dividing property owned by the family
• appeals of cases from the Provincial Court

Court of Appeal for British Columbia

The Court of Appeal is the highest level of court in BC. If someone does not agree with the decision they got in the BC Supreme Court, they may be able to appeal their case to the Court of Appeal. Usually, three judges from the Court of Appeal will hear the appeal.

Federal Courts

The federal court system is separate from the provincial court system. The Federal Court of Canada deals with some types of cases that involve the rights of all Canadians, like immigration, citizenship, and income taxes.

An appeal from the Federal Court goes to the Federal Court of Appeal, then to the Supreme Court of Canada.

Supreme Court of Canada

The Supreme Court of Canada in Ottawa is the highest court in Canada. It hears appeals from all other courts in Canada. Usually, someone has to ask the Supreme Court of Canada for permission to appeal — it’s not automatic. The court will decide if it will hear an appeal.

There is no appeal from a decision made by the Supreme Court of Canada.

Tribunals

Tribunals are like courts but are less formal. They hear specific types of disputes. An example is the Employment Standards Tribunal, which hears complaints workers in BC bring against their employers.

Tribunals are typically less costly and faster than courts as a way to resolve disagreements. Similar to a court, at a tribunal each side has a chance to present its case, and an independent decision-maker makes a decision. The decision-maker is someone with specialized knowledge. They may be an expert in a specific area of law.

Here are more examples of issues where you can use a tribunal to resolve your dispute:

• small claims disputes up to $5,000
• employment and assistance benefits
• human rights claims
• landlord and tenant matters
• worker’s compensation benefits

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2022.

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